The U.S. Supreme Court cleared the way Thursday for a lower court
ruling that would stop Arizona election officials from rejecting voter
registration forms that do not have evidence of citizenship.

Arizona has been requiring proof of citizenship with voter registration
forms since 2005, shortly after voters passed Proposition 200. But the
9th U.S. Circuit Court of Appeals in April ruled that the
proof-of-citizenship requirement conflicted with federal voter
registration law.

The Supreme Court had stayed that decision earlier this month at the request of Arizona Attorney General Tom Horne, who was planning a challenge to the lower court decision.

The justices Thursday, without comment, lifted that stay,
clearing the way for the circuit court to issue an order banning the
practice of requiring citizenship proof. That order is likely to come in
the next week, said attorneys involved in the case.

Horne said he will go forward with his appeal to the Supreme Court.
But the court begins its summer recess Friday, meaning the earliest the
case could be considered is October when the justices return – if they
agree to hear the case at all.

“We’re going to prepare a full petition for cert (a request for an
appeal), and I believe we deserve to have it granted,” said Horne,
adding that he planned to have the petition filed by the end of July.

Horne downplayed the fact that the Supreme Court refused to extend
the stay until its October term, with only Justice Samuel Alito arguing
for the stay to continue.

“That’s not a consideration of the merits of the case,” he said of the 8-1 decision.

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But an attorney for the law’s opponents said it would be hard for the state to see good news in the high court’s decision.

“The 9th Circuit and now the Supreme Court has basically told them
(state officials) you lose on this issue,” said Jon Greenbaum, a
Georgetown University law professor and one of the attorneys arguing
against Arizona.

“It’s hard for me to see, after the course of the decision today, the
court actually granting a writ of certiorari in the case,” Greenbaum
said.

Secretary of State Ken Bennett said in a prepared statement Thursday that he was disappointed by the Supreme Court’s decision.

“There isn’t a corner of this state where people are not concerned
with voter fraud,” Bennett said. “Opposition to the simple act of
providing proof that you are legally eligible to participate in our
elections is hard to fathom.”

Greenbaum said the circuit court would likely issue an order within
the next week mandating that the state begin accepting voter
registration forms without evidence of citizenship. Under the federal
voter registration form, applicants need only check a box attesting that
they are citizens.

Voters will still have to show ID verifying their identity when they
turn up at a polling place, a section of Proposition 200 that the
circuit court upheld.

Horne said he did not think the circuit court’s order would create immediate problems, even with this being an election year.

“The problem is more of a long-term problem,” Horne said. “Right now
almost everybody uses the state form. We can’t ask for identification on
the federal form, but we can on the state form.”

When asked who decides which form to use, Horne said he thought the applicant could request either one.

2 comments on this story

“Opposition to the simple act of providing proof that you are legally eligible to participate in our elections is hard to fathom.”

Absolutely correct.

So, what are we supposed to do now? Just take people’s word for it that they’re eligible to vote? I can’t see something disrespecting our sovereignty and immigration laws, and then all of a sudden developing a conscience when it comes to respecting voter registration laws.

Sorry, we missed your input...

Arizona Attorney General Tom Horne, shown with other attorneys general at a March event, said he will continue to press his appeal of a circuit court ruling that voided the state’s law requiring proof of citizenship for voter registration.

Yes!

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